HF 2425

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to cities; providing for certain vacancies in 
  1.3             the elected offices of mayor or council member in 
  1.4             statutory cities; amending Minnesota Statutes 1994, 
  1.5             section 412.02, subdivision 2a, and by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 412.02, 
  1.9   subdivision 2a, is amended to read: 
  1.10     Subd. 2a.  Except as otherwise provided in subdivision 2b, 
  1.11  a vacancy in an office shall be filled by council appointment 
  1.12  until an election is held as provided in this subdivision.  In 
  1.13  case of a tie vote in the council, the mayor shall make the 
  1.14  appointment.  If the vacancy occurs before the first day to file 
  1.15  affidavits of candidacy for the next regular city election and 
  1.16  more than two years remain in the unexpired term, a special 
  1.17  election shall be held at the next regular city election and the 
  1.18  appointed person shall serve until the qualification of a 
  1.19  successor elected at a special election to fill the unexpired 
  1.20  portion of the term.  If the vacancy occurs on or after the 
  1.21  first day to file affidavits of candidacy for the regular city 
  1.22  election or when less than two years remain in the unexpired 
  1.23  term, there shall be no special election to fill the vacancy and 
  1.24  the appointed person shall serve until the qualification of a 
  1.25  successor elected at a regular city election. 
  1.26     Sec. 2.  Minnesota Statutes 1994, section 412.02, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 2b.  In addition to the events specified in section 
  2.3   351.02, a vacancy in the office of mayor or council member 
  2.4   occurs when the officeholder is unable to serve in the office or 
  2.5   attend council meetings for not less than 90 days because of 
  2.6   illness or prolonged absence from the city or council ward, as 
  2.7   appropriate.  If a vacancy occurs under this subdivision, the 
  2.8   council may, after it has by resolution declared the vacancy to 
  2.9   exist, fill the vacancy at any regular or special meeting for 
  2.10  the remainder of the unexpired term, or until such ill or absent 
  2.11  member is again able to resume duties and attend council 
  2.12  meetings, whichever date is earliest.  When the ill or absent 
  2.13  person is again able to resume duties and attend council 
  2.14  meetings, the council shall by resolution so determine and 
  2.15  declare the person to be again the officeholder and the 
  2.16  replacement appointment by the council be no longer the 
  2.17  officeholder.